§ 1104. Delegation of authority for personnel management

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1966

   Pub. L. 89–554 · 80 Stat. 378

   Enacted · 5 U.S.C. § 1104

   Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 399

   Source evidence

   Code source credit
   Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 399

2. 1978

   Pub. L. 95–454 title II § 201(a) · 92 Stat. 1111

   Substituted · 5 U.S.C. § 1104

   Pub. L. 95–454 substituted “Delegation of authority for personnel management” for “Functions of Chairman” in section catchline, and in text provisions relating to the delegation of authority for personnel management for provisions relating to functions of the Chairman of the United States Civil Service Commission

   Source evidence

   Code amendment note
   Pub. L. 95–454 substituted “Delegation of authority for personnel management” for “Functions of Chairman” in section catchline, and in text provisions relating to the delegation of authority for personnel management for provisions relating to functions of the Chairman of the United States Civil Service Commission.

   Enacted provision · exact public law section
   (a) Chapter 11 of title 5, United States Code, is amended to read as follows: “CHAPTER 11— OFFICE OF PERSONNEL MANAGEMENT “Sec. “1101. Office of Personnel Management. “1102. Director; Deputy Director; Associate Directors. “1103. Functions of the Director. “1104. Delegation of authority for personnel management. “1105. Administrative procedure. “§1101. Office of Personnel Management “The Office of Personnel Management is an independent establishment in the executive branch. The Office shall have an official seal, which shall be judicially noticed, and shall have its principal office in the District of Columbia, and may have field offices in other appropriate locations. “§ 1102. Director; Deputy Director; Associate Directors “(a) There is at the head of the Office of Personnel Management a Director of the Office of Personnel Management appointed by the President, by and with the advice and consent of the Senate. The term of office of any individual appointed as Director shall be 4 years. “(b) There is in the Office a Deputy Director of the Office of Personnel Management appointed by the President, by and with the advice and consent of the Senate. The Deputy Director shall perform such functions as the Director may from time to time prescribe and shall act as Director during the absence or disability of the Director or when the office of Director is vacant. “(c) No individual shall, while serving as Director or Deputy Director, serve in any other office or position in the Government of the United States except as otherwise provided by law or at the direction of the President. The Director and Deputy Director shall not recommend any individual for appointment to any position (other than Deputy Director of the Office) which requires the advice and consent of the Senate. “(d) There may be within the Office of Personnel Management not more than 5 Associate Directors, as determined from time to time by the Director. Each Associate Director shall be appointed by the Director. “§1103 Functions of the Director “(a) The following functions are vested in the Director of the Office of Personnel Management, and shall be performed by the Director, or subject to section 1104 of this title, by such employees of the Office as the Director designates: “(1) securing accuracy, uniformity, and justice in the functions of the Office; “(2) appointing individuals to be employed by the Office; “(3) directing and supervising employees of the Office, distributing business among employees and organizational units of the Office, and directing the internal management of the Office; “(4) directing the preparation of requests for appropriations for the Office and the use and expenditure of funds by the Office; “(5) executing, administering, and enforcing— “(A) the civil service rules and regulations of the President and the Office and the laws governing the civil service; and “(B) the other activities of the Office including retirement and classification activities; except with respect to functions for which the Merit Systems Protection Board or the Special Counsel is primarily responsible; “(6) reviewing the operations under chapter 87 of this title; 5 USC 8701 et seq. “(7) aiding the President, as the President may request, in preparing such civil service rules as the President prescribes, and otherwise advising the President on actions which may be taken to promote an efficient civil service and a systematic application of the merit system principles, including recommending policies relating to the selection, promotion, transfer, performance, pay, conditions of service, tenure, and separation of employees; and “(8) conducting, or otherwise providing for the conduct of, studies and research under chapter 47 of this title into methods of Post, p. 1185. assuring improvements in personnel management. “(b) (1) The Director shall publish in the Federal Register general Notice of proposed rules or regulations. Publication in Federal Register. 5 USC 553. notice of any rule or regulation which is proposed by the Office and the application of which does not apply solely to the Office or its employees. Any such notice shall include the matter required under section 553(b) (1), (2), and (3) of this title. “(2) The Director shall take steps to ensure that— “(A) any proposed rule or regulation to which paragraph (1) of this subsection applies is posted in offices of Federal agencies maintaining copies of the Federal personnel regulations; and “(B) to the extent the Director determines appropriate and practical, exclusive representatives of employees affected by such proposed rule or regulation and interested members of the public are notified of such proposed rule or regulation. “(3) Paragraphs (1) and (2) of this subsection shall not apply to any proposed rule or regulation which is temporary in nature and which is necessary to be implemented expeditiously as a result of an emergency. “§1104. Delegation of authority for personnel management “(a) Subject to subsection (b)(3) of this section— “(1) the President may delegate, in whole or in part, authority for personnel management functions, including authority for competitive examinations, to the Director of the Office of Personnel Management; and “(2) the Director may delegate, in whole or in part, any function vested in or delegated to the Director, including authority for competitive examinations (except competitive examinations for administrative law judges appointed under section 3105 of this title), to the heads of agencies in the executive branch and other agencies employing persons in the competitive service; except that the Director may not delegate authority for competitive examinations with respect to positions that have requirements which are common to agencies in the Federal Government, other than in exceptional cases in which the interests of economy and efficiency require such delegation and in which such delegation will not weaken the application of the merit system principles. “(b) (1) The Office shall establish standards which shall apply to Standards. the activities of the Office or any other agency under authority delegated under subsection (a) of this section. “(2) The Office shall establish and maintain an oversight program Oversight program. to ensure that activities under any authority delegated under subsection (a) of this section are in accordance with the merit system principles and the standards established under paragraph (1) of this subsection. “(3) Nothing in subsection (a) of this section shall be construed as affecting the responsibility of the Director to prescribe regulations and to ensure compliance with the civil service laws, rules, and regulations. “(c) If the Office makes a written finding, on the basis of information obtained under the program established under subsection (b) (2) of this section or otherwise, that any action taken by an agency pursuant to authority delegated under subsection (a) (2) of this section is contrary to any law, rule, or regulation, or is contrary to any standard established under subsection (b) (1) of this section, the agency involved shall take any corrective action the Office may require. “§1105. Administrative procedure “Subject to section 1103(b) of this title, in the exercise of the functions assigned under this chapter, the Director shall be subject to subsections (b), (c), and (d) of section 553 of this title, notwithstanding 5 USC 553. subsection (a) of such section 553.”.

   Effective date note
   Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.

3. 1995

   Pub. L. 104–52 § 1(1)(B) · 109 Stat. 468

   Struck · 5 U.S.C. § 1104(a)

   Pub. L. 104–52, § 1(1)(B), struck out closing provisions which read as follows: “except that the Director may not delegate authority for competitive examinations with respect to positions that have requirements which are common to agencies in the Federal Government, other than in exceptional cases in which the interests of economy and efficiency require such delegation and in which such delegation will not weaken the application of the merit system principles.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 104–52, § 1(1)(B), struck out closing provisions which read as follows: “except that the Director may not delegate authority for competitive examinations with respect to positions that have requirements which are common to agencies in the Federal Government, other than in exceptional cases in which the interests of economy and efficiency require such delegation and in which such delegation will not weaken the application of the merit system principles.”

   Enacted provision · exact public law section
   (1) prohibits or prevents, or attempts or threatens to prohibit or prevent, any officer or employee of the United States Postal Service from having any direct oral or written communication or contact with any Member or committee of Congress in connection with any matter pertaining to the employment of such officer or employee or pertaining to the United States Postal Service in any way, irrespective of whether such communication or contact is at the initiative of such officer or employee or in response to the request or inquiry of such Member or committee; or

4. 1995

   Pub. L. 104–52 § 1(1)(A) · 109 Stat. 468

   1. Inserted · 5 U.S.C. § 1104(a)(2)

      Pub. L. 104–52, § 1(1)(A), inserted “, the cost of which examinations shall be reimbursed by payments from the agencies employing such judges to the revolving fund established under section 1304(e)” after “title”

   2. Substituted · 5 U.S.C. § 1104(a)(2)

      Pub. L. 104–52, § 1(1)(A), substituted period for semicolon at end

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 104–52, § 1(1)(A), inserted “, the cost of which examinations shall be reimbursed by payments from the agencies employing such judges to the revolving fund established under section 1304(e)” after “title” and substituted period for semicolon at end.

   Enacted provision · exact public law section
   (1) prohibits or prevents, or attempts or threatens to prohibit or prevent, any officer or employee of the United States Postal Service from having any direct oral or written communication or contact with any Member or committee of Congress in connection with any matter pertaining to the employment of such officer or employee or pertaining to the United States Postal Service in any way, irrespective of whether such communication or contact is at the initiative of such officer or employee or in response to the request or inquiry of such Member or committee; or

5. 1995

   Pub. L. 104–52 § 1(2) · 109 Stat. 468

   Added · 5 U.S.C. § 1104(b)(4)

   Pub. L. 104–52, § 1(2), added par. (4)

   Source evidence

   Code amendment note
   Subsec. (b)(4). Pub. L. 104–52, § 1(2), added par. (4).

   Enacted provision · exact public law section
   (1) prohibits or prevents, or attempts or threatens to prohibit or prevent, any officer or employee of the United States Postal Service from having any direct oral or written communication or contact with any Member or committee of Congress in connection with any matter pertaining to the employment of such officer or employee or pertaining to the United States Postal Service in any way, irrespective of whether such communication or contact is at the initiative of such officer or employee or in response to the request or inquiry of such Member or committee; or

5 of 6 references resolved to an enrolled provision · 1 partial